CITY OF BRAINERD PERMIT TO KEEP CHICKENS

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1 CITY OF BRAINERD PERMIT TO KEEP CHICKENS ANNUAL FEE: $ 0.00 Permit # Number of Dogs Expiration Date: 12/31 Number of Cats Number of Chickens Total Number Total not to exceed 4 Applicant Name: Permit Address: Phone Number: No person shall maintain a chicken coop and/or chicken run unless granted a permit by the City. The permit shall be subject to all terms and conditions of Section of the City Code and any additional conditions deemed necessary by the City to protect the public health, safety and welfare. The necessary permit may be obtained from the City Administrator s office. Included with the information required prior to issuance of the permit must be a scaled diagram that indicates the location of any chicken coop and run, and the approximate size and distance from adjoining structures and property lines. The owner must also obtain written approval of the keeping of chickens from all abutting property owners. A permit for the keeping of chickens may be revoked or suspended by the City Council for any violation of Section following written notice and a public hearing. An annual fee of $ 0 will be charged for each permit which shall expire on December 31 of each year. I understand the above restrictions on the permit and am submitting this application in compliance with Section of the Code of the City of Brainerd. Applicant Signature Date *This application must be accompanied by the abutting property owner consent form and a diagram showing the location of the coop and/or run in relation to adjacent residential structures. Approved by City Administrator s Office: Date:

2 CITY OF BRAINERD PERMIT TO KEEP CHICKENS ABUTTING NEIGHBOR CONSENT FORM Applicant Name: Permit Address: It is unlawful for any person to own, control, keep, maintain or harbor hen chickens on any residential premises in the City unless issued a permit to do so. In the case of rental residential property, including multi-family residential property, written permission must be given by the property owner for a tenant to keep or harbor chickens on said residential premises. No permit shall be issued for the keeping or harboring of more than four (4) hen chickens on any premises unless the property is located in an agricultural or rural zoning district. The keeping of roosters is prohibited. It shall be unlawful to keep or harbor hen chickens in addition to the limitations set forth in Section , subd. 1 of the City Code. (For example, the limitation is further clarified as follows: 4 dogs, or 4 cats, or 4 chickens, or 3 dogs and 1 cat, or 3 chickens and 1 dog, or 2 cats and 2 chickens, etc.) No person shall maintain a chicken coop and/or chicken run unless granted a permit by the City. The permit shall be subject to all terms and conditions of this Section and any additional conditions deemed necessary by the City to protect the public health, safety and welfare. The necessary permit may be obtained from the City Administrator s office. Included with the information required prior to issuance of the permit must be a scaled diagram that indicates the location of any chicken coop and run, and the approximate size and distance from adjoining structures and property lines. The owner must also obtain written approval of the keeping of chickens from all abutting property owners. A permit for the keeping of chickens may be revoked or suspended by the Council for any violation of Section following written notice and a public hearing. An annual fee of $ 0 will be charged for each permit which shall expire on December 31 of each year. Please list all abutting properties and obtain consent signatures. Instructions to abutting property owners: Your neighbor is applying for a permit to keep chickens. A total of four dogs, cats and chickens in any combination is the maximum allowed. If you are an abutting property owner, your consent to this permit is required for issuance. Do not sign this form if you are NOT giving consent to the issuance of a permit. By signing this form, you are providing written consent for the issuance of the permit. Owner Name Street Address Signature

3 O R D I N A N C E NO AN ORDINANCE AMENDING SECTION 900 OF THE BRAINERD CITY CODE RELATING TO THE REGULATION OF ANIMALS IN THE CITY BY ADDING PROVISIONS PERTAINING TO CHICKENS THE CITY COUNCIL OF THE CITY OF BRAINERD DOES ORDAIN: SECTION ONE: That Section of the Brainerd City Code be amended by deleting the whole thereof and inserting in lieu thereof the following: Farm Animals. Farm animals shall only be kept in zoning districts if permitted under the City Zoning Ordinance. An exception shall be made to this Section for those animals brought into the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. An additional exception shall be made to this Section by allowing the keeping of chickens on premises in the City subject to the provisions set forth in Section SECTION TWO: That Section 900 of the Brainerd City be amended by adding Section as follows: Chickens. Subd. 1. Chickens Limited. It is unlawful for any person to own, control, keep, maintain or harbor hen chickens on any residential premises in the City unless issued a permit to do so as provided herein. In the case of rental residential property, including multi-family residential property, written permission must be given by the property owner for a tenant to keep or harbor chickens on said residential premises. No permit shall be issued for the keeping or harboring of more than four (4) hen chickens on any premises unless the property is located in an agricultural or rural zoning district. The keeping of roosters is prohibited. It shall be unlawful to keep or harbor hen chickens in addition to the limitations set forth in Section , subd. 1. (For example, the limitation is further clarified as follows: 4 dogs, or 4 cats, or 4 chickens, or 3 dogs and 1 cat, or 3 chickens and 1 dog, or 2 cats and 2 chickens, etc.) Subd. 2. Definitions. The term At Large shall be intended to mean a chicken out of its chicken run, off the premises or not under the custody and control of the owner. The term Chicken means a female chicken or hen. The term Chicken Coop means a structure providing housing for chickens made of wood or other similar materials that provides shelter from the elements. The term Chicken Run means a fenced outside yard for the keeping and exercising of chickens. The term Owner shall mean the resident, property owner, custodian or keeper of any chicken. The term Premises means any platted lot or group of contiguous lots, parcels or tracts of land. Subd. 3. Permit. No person shall maintain a chicken coop and/or chicken run unless granted a permit by the City. The permit shall be subject to all terms

4 and conditions of this Section and any additional conditions deemed necessary by the City to protect the public health, safety and welfare. The necessary permit may be obtained from the City Administrator s office. Included with the information required prior to issuance of the permit must be a scaled diagram that indicates the location of any chicken coop and run, and the approximate size and distance from adjoining structures and property lines. The owner must also obtain written approval of the keeping of chickens from all abutting property owners. A permit for the keeping of chickens may be revoked or suspended by the Council for any violation of this Section following written notice and a public hearing. An annual fee of $30 will be charged for each permit which shall expire on December 31 of each year. Subd. 4. Confinement. Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run while in the City. Any coop and run shall be screened with a solid fence or landscaped buffer with a minimum height of four (4) feet. Any coop and run shall be at least 25 feet from any residential structure or any other premises on any adjacent lots. Subd. 5. Chicken Coops and Chicken Runs. A. All chicken coops and runs must be located within the rear yard subject to the required setbacks for the principal building and at least 25 feet from any dwelling or any other premises on any adjacent lots. All chicken coops must be a minimum of 4 square feet per chicken in size, must not exceed 10 square feet per chicken in size and must not exceed 6 feet in total height. Attached fenced-in chicken runs must not exceed 20 square feet per chicken and fencing must not exceed six feet in total height. Chicken runs may be enclosed with wood and/or woven wire materials, and may allow chickens to contact the ground. Chicken feed must be kept in metal, predator proof containers. Chicken manure shall not be placed in yard compost piles. B. Chicken coops must either be: 1) Elevated with a clear open space of at least 24 inches between the ground surface and framing/floor of the coop; or, 2) The coop floor, foundation and footings must be constructed using rodent resistant construction. C. Chicken coops are not allowed to be located in any part of a home and/or garage. D. Chickens must be secured in a chicken coop from sunset to sunrise each day.

5 Subd. 6. Conditions and Inspection. No person who owns, controls, keeps, maintains or harbors hen chickens shall permit the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors are carried to adjacent public or private property. Any chicken coop and chicken run authorized by permit under this Section may be inspected at any reasonable time by the City Animal Control Officer or other agent of the City. Slaughter and breeding of chickens on any premises within the City is prohibited. Subd. 7. Violations. Any person who owns, controls, keeps, maintains or harbors hen chickens in the City limits of Brainerd without obtaining or maintaining a current permit or after a permit has been suspended or revoked by Council action shall be guilty of a petty misdemeanor. SECTION THREE: That all other provisions of Section 900 of the Brainerd City Code shall remain if full force. SECTION FOUR: This Ordinance shall be in force one week from and after its publication. Adopted this 20 th day of October, Kelly J. Bevans President of the Council Approved this 21 st day of October, JAMES E. WALLIN Mayor ATTEST: DANIEL J. VOGT City Administrator Published: One time, October 24, 2008

6 O R D I N A N C E NO AN ORDINANCE AMENDING SECTION 900 OF THE BRAINERD CITY CODE RELATED TO CHICKENS AND BEE KEEPING AND SECTION 1010 OF THE BRAINERD CITY CODE RELATED TO FEES FOR CHICKEN LICENSES AND BEES THE CITY COUNCIL OF THE CITY OF BRAINERD DOES ORDAIN: SECTION ONE: That Section be amended by deleting the last sentence of Subd 3 in its entirety as follows: Chickens Subd. 3. Permit. No chicken coop and/or chicken run shall be maintained unless granted a permit by the City. The permit shall be subject to all terms and conditions of this Section and any additional conditions deemed necessary by the City to protect the public health, safety, and welfare. The necessary permit may be obtained from the City Administrator s office. Included with the information required prior to issuance of the permit must be a scaled diagram that indicates the location of any chicken coop and run, and the approximate size and distance from adjoining structures and property lines. The owner must also obtain written approval of the keeping of chickens from all abutting property owners. Written approval is not required if there is no abutting property. A permit for the keeping of chickens may be revoked or suspended by the Council for any violation of this Section following written notice and a public hearing. An annual fee of $30 will be changed for each permit which shall expire on December 31 of each year. SECTION TWO: That Section 900 be amended by adding Section as follows: Bees. Subdivision 1. Definitions. The following words and terms shall have the meanings ascribed in this section unless the context of their usage indicates another usage: A) "Apiary" means the assembly of one or more colonies of bees at any one location. B) "Beekeeper" means a person who owns or has charge of one or more colonies of bees. C) "Beekeeping equipment" means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards, and extractors. D) "Colony" means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. E) "Hive" means the receptacle inhabited by a colony that is manufactured for that purpose. F) "Honey bee" means all life stages of the common domestic honey bee, apis melifera (African subspecies and Africanized hybrids are not allowed). G) "Lot" means a contiguous parcel of land under common ownership. Subd. 2. Purpose. The purpose of this section is to establish certain requirements for beekeeping within the city. Subd. 3. Standards of Practice. A) Honey bee colonies shall be kept in hives with removable frames, which must be kept in sound and usable conditions. B) Beekeepers 1) Must ensure that a convenient source of water is available within 10 feet of each colony at all times that the colonies remain active outside the hive. 2) Must ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once 1

7 removed from the site shall be handled and stored in sealed containers, or placed within a building or other vermin-proof container. 3) Shall maintain beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking and securing unused equipment from weather, potential theft, vandalism, and occupancy by swarms. C) Bee colonies may be kept the following residential zoning districts: 1) R-R (Rural Residential) District 2) R-E (Single Family Estate) Residential District 3) R-1A (Single Family) Residential 4) R-1 (Single Family) Residential 5) R-2 (Medium Density) Residential Honeybee colonies may be kept on a two-family property if it is zoned R-2 and a resident owner of the property is the beekeeper. Subd. 4. Hives. A) Are not permitted in a front yard or in a street side yard. B) Shall be located at least 10 feet from all interior property lines and 10 feet from an alley right of way. C) Shall be at least 25 feet from a principal building on an abutting lot. D) In each instance where a colony is kept less than 25 feet from a property line of the lot upon which the apiary is located, the beekeeper shall establish and maintain a flyway barrier 6 feet in height as follows: 1) The flyway barrier must extend 10 feet in either direction from the hive along the property line. 2) Barriers may be made of a wall, fence, or dense vegetation. A combination of these things is permissible. E) A fence permit is required. Information on fencing permits can be obtained through the Planning Department. F) Sale of honey and hive products from the beekeeper's residence is permitted in accord with Zoning Ordinance Section 26 Home Businesses and the following: 1) The beekeeper must live on the apiary lot. 2) The honey and hive products are from hives owned by the property owner. 3) In any instance in which a colony exhibits unusually aggressive behavior, it shall be the duty of the permit holder to promptly take appropriate action to address the behavior. Subd. 5. Colony Density. The following numbers of colonies are permitted: A) Lots less than 21,780 sq. ft. (½ acre): two colonies B) Larger than ½ acre: four colonies Subd. 6. Beekeeper Training. Prior to obtaining an initial permit a beekeeper must provide: A) A beekeeping course completion certificate or letter from an educational institution that offers a beekeeping course. B) Verification of equivalent experience for the honeybee keeping course. Subd. 7. Permit Required. Beekeeping may occur on any property in the city upon issuance of an annual permit to the beekeeper on that specific property which shall expire on December 31 of each year. A) A beekeeping permit will be issued if: 2

8 1) The requirements of this section have been met. 2) Notices have been mailed to all property owners within 150 feet of the applicant's property lines. 3) If there are objections received within 10 days of mailing the notices, the City Council shall consider the application. B) If there are no objections received within 10 days of mailing the notices, then the permit application will be processed by city staff. It will not be referred to the City Council for consideration. C) Permits are non-transferable and do not run with the land. D) By signing the permit, the beekeeper acknowledges that he or she shall defend and indemnify the city against any and all claims arising out of keeping the bees on the premises. E) The City Council shall as establish the permit fee. For each subsequent permit, there shall be no fee for the permit, unless there are substantial changes to the apiary or there is a new beekeeper. F) If the standards of practice are not maintained subsequent to issuance of a beekeeping permit, the permit may be revoked by the city. G) Sales of honey or hive products from the home must be stated on the permit. Subd. 8. Penalty for Violation of Section. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor. SECTION THREE: That Section Subd 7 be amended by adding the following: Subd. 7. Miscellaneous. Chickens (annually) 900 $ Bees (annually) 900 $ SECTION FOUR: full force and effect. SECTION FIVE: after its publication. All other provisions of Section 900 and Section 1010 shall remain in This Ordinance shall take effect and be in force one week from and Adopted this 17 th day of April, 2017 DAVID J. PRITSCHET President of the Council Approved this 18 th day of April, 2017 ATTEST: JAMES M. THOREEN City Administrator EDWIN L. MENK Mayor Published: One time, April 28,

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